2nd Session, 41st Parliament

Issue 86

Thursday, October 9, 2014
1:30 p.m.

The Honourable Pierre Claude Nolin, Speaker pro tempore

The Members convened were:

The Honourable Senators

Baker, Batters, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Johnson, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Ngo, Nolin, Ogilvie, Oh, Plett, Poirier, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wells, White

The Members in attendance to business were:

The Honourable Senators

*Ataullahjan, Baker, Batters, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, *Dyck, Eaton, Eggleton, *Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Johnson, LeBreton, *Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, *Moore, Ngo, Nolin, Ogilvie, Oh, *Patterson, Plett, Poirier, *Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, *Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wells, White

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Nolin, Speaker pro tempore, took the Chair, pursuant to rule 2-4(2).

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fourteenth report (Bill C-17, An Act to amend the Food and Drugs Act, without amendment).

The Honourable Senator Seidman moved, seconded by the Honourable Senator Demers, that the bill be placed on the Orders of the Day for a third reading at the next sitting.

The question being put on the motion, it was adopted.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Third Reading

Order No. 1 was called and postponed until the next sitting.

Bills — Second Reading

Order No. 1 was called and postponed until the next sitting.

°    °    °

Second reading of Bill C-36, An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts.

The Honourable Senator Batters moved, seconded by the Honourable Senator Beyak, that the bill be read the second time.

After debate,

The Honourable Senator Fraser, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Motions

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:

That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, October 21, 2014 at 2 p.m.

The question being put on the motion, it was adopted.

°    °    °

Order No. 1 was called and postponed until the next sitting.

Inquiries

Order No. 1 was called and postponed until the next sitting.

Other

Order No. 2 was called and postponed until the next sitting.

OTHER BUSINESS

Commons Public Bills — Third Reading

Order No. 1 was called and postponed until the next sitting.

Senate Public Bills — Second Reading

Orders No. 1 to 5 were called and postponed until the next sitting.

Commons Public Bills — Second Reading

Order No. 1 was called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Patterson, for the second reading of Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims).

After debate,

The question being put on the motion, it was adopted, on division.

The bill was then read the second time, on division.

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Meredith, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

The question being put on the motion, it was adopted.

°    °    °

Orders No. 3 to 5 were called and postponed until the next sitting.

Reports of Committees — Other

Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Frum, for the adoption of the fifth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate), presented in the Senate on June 11, 2014;

And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser, that the report not now be adopted, but that it be amended by:

1. Replacing paragraph 1.(j) with the following:

"That an item of Other Business that is not a Commons Public Bill be not further adjourned; or'';

2. Replacing the main heading before new rule 6-13 with the following:

"Terminating Debate on an Item of Other Business that is not a Commons Public Bill'';

3. Replacing the sub heading before new rule 6-13 with the following:

"Notice of motion that item of Other Business that is not a Commons Public Bill be not further adjourned'';

4. In paragraph 2.6-13 (1), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';

5. In the first clause of Paragraph 2.6-13 (3), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';

6. In the first clause of paragraph 2.6-13 (5), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill''

7. In paragraph 2.6-13 (7) (c), adding immediately following the words "Other Business'' the words "that is not a Commons Public Bill'';

8. And replacing the last line of paragraph 2.6-13(7) with the following:

"This process shall continue until the conclusion of debate on the item of Other Business that is not a Commons Public Bill'';

And on the subamendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Day, that the amendment be not now adopted but that it be amended by adding immediately after paragraph 8 the following:

9. And that the rule changes contained in this report take effect from the date that the Senate begins regularly to provide live audio-visual broadcasting of its daily proceedings.

After debate,

The Honourable Senator Fraser, for the Honourable Senator Munson, moved, seconded by the Honourable Senator Ringuette, that further debate on the subamendment be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Orders No. 2 and 3 were called and postponed until the next sitting.

Motions

Orders No. 62, 55, 69, 9, 56, 66, 60, 73, 8, 47 and 74 were called and postponed until the next sitting.

Inquiries

Orders No. 18, 19, 21, 28, 10, 13, 16, 29, 26, 14, 20, 23, 27, 34, 5, 33, 30, 31, 15, 17 and 22 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Day:

That the Standing Senate Committee on Agriculture and Forestry be authorized to study the following:

The assessment and appeals process of the Canadian Agricultural Income Stabilization Program (CAIS), including the replacement programs; AgriStability and AgriInvest;

The definition, including legal precedent and regulatory framework, and application of the terms "arm's length salaries'' and "non-arm's length salaries'' as used by CAIS and related programs, as well as a comparison of those definitions and the application used by Revenue Canada and Employment and Social Development Canada; and

That the Committee submit its final report no later than March 31, 2015, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):

Report of the Correctional Investigator for the fiscal year ended March 31, 2014, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 192.—Sessional Paper No. 2/41-888.

ADJOURNMENT

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 3:45 p.m. the Senate was continued until Tuesday, October 21, 2014 at 2 p.m.)

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Seth replaced the Honourable Senator Enverga (October 8, 2014).

The Honourable Senator Enverga replaced the Honourable Senator Johnson (October 8, 2014).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Bellemare replaced the Honourable Senator Meredith (October 9, 2014).

The Honourable Senator Tannas replaced the Honourable Senator Wells (October 9, 2014).

The Honourable Senator Rivard replaced the Honourable Senator Bellemare (October 9, 2014).

The Honourable Senator Eaton replaced the Honourable Senator Tannas (October 9, 2014).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Patterson replaced the Honourable Senator Frum (October 8, 2014).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Wells replaced the Honourable Senator Batters (October 8, 2014).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Lang replaced the Honourable Senator Verner, P.C. (October 8, 2014).

Standing Senate Committee on National Security and Defence

The Honourable Senator Beyak replaced the Honourable Senator Frum (October 8, 2014).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Charette-Poulin replaced the Honourable Senator Moore (October 8, 2014).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Ngo replaced the Honourable Senator Enverga (October 9, 2014).

The name of the Honourable Senator Oh was added to the membership (October 9, 2014).

The name of the Honourable Senator Wells was added to the membership (October 9, 2014).

The Honourable Senator Enverga replaced the Honourable Senator Oh (October 9, 2014).

The Honourable Senator Smith, P.C. (Cobourg), replaced the Honourable Senator Merchant (October 8, 2014).

Standing Senate Committee on Transport and Communications

The Honourable Senator Housakos replaced the Honourable Senator Dagenais (October 9, 2014).

The Honourable Senator Unger replaced the Honourable Senator Maltais (October 9, 2014).

The Honourable Senator Mercer replaced the Honourable Senator Charette-Poulin (October 8, 2014).